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WB State Administrative Tribunal allows transgender woman to fill civil services application in 'other' category

Date : 16/07/2016

AtriKar v. State of West Bengal and Ors., O.A. No. 1201 of 2016, State Administrative Tribunal, West Bengal

The Applicant, Atri Kar, is a transgender who was unable to fill up the online West Bengal Civil Services (WBCS) application form due to unavailability of the ‘Other’ category in the gender column of the form issued by WBPSC.

Atri Kar had cleared the WBSSC examination, is currently a teacher at Kutharipara Govt. School in Hooghly, West Bengal, and is well-qualified as a candidate for the WBCS examination.

HRLN Kolkata filed an application on behalf of Atri before the State Administrative Tribunal seeking that Atri should be allowed to fill up the form and appear for the examination in the ‘Other’ category within the prescribed deadline. Pursuant to the same, the Tribunal passed an order in favor of the Applicant, allowing them to fill  up the form online  and directing that the said form must be amended to include a category for the third gender.

The Tribunal took the decision of the Supreme Court in W.P. (Civil) No. 400 of 2012 with Writ Petition (Civil) No. 604 of 2013, National Legal Services Authority v. Union of India and Ors. into consideration.

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